Celebrating 10 years! 2007-2017

Mailbox rule

Office assistant runs all office mail through a meter to put fettywap10/26/17
I think so. You could still take back control of it at any p siezetheday10/26/17
It depends. You must verify with the specific court's or ag patenttrollnj10/26/17
why wouldn't it be, as long as it's postmarked today? wolfman10/26/17
I thought it would be, just checking. Metered mail doesn't c fettywap10/26/17
In my area, the rule has always been if you need to prove it qdllc10/27/17
On all MBE questions I ever did mailbox rule was based on wh esquire13810/30/17
Mailbox rule says a document is filed on the postmarked date fettywap10/30/17
I mean the tiny red flag in the mailbox for outgoing mail. N esquire13810/30/17
fettywap (Oct 26, 2017 - 10:03 am)

Office assistant runs all office mail through a meter to put postage on it. Mail service picks up office mail near the end of the day, sorts it, and drops it off at the post office. Post office then puts their stamp on it with today's date. Is the mail postmarked today for purposes of the mailbox rule?

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siezetheday (Oct 26, 2017 - 3:39 pm)

I think so. You could still take back control of it at any point (even though it would be difficult) until it's in the mail.

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patenttrollnj (Oct 26, 2017 - 3:52 pm)

It depends. You must verify with the specific court's or agency's rules.

Also, there may be a "certification of service" (or "certification of mailing") rule that may be applicable that will make things easier.

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wolfman (Oct 26, 2017 - 4:41 pm)

why wouldn't it be, as long as it's postmarked today?

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fettywap (Oct 26, 2017 - 5:00 pm)

I thought it would be, just checking. Metered mail doesn't count, but I think that's when the lawyer runs it through a meter, and then drops it in the mail where it's not postmarked until the next day. Now getting anyone in my office to believe me will probably never happen, so it doesn't really matter anyway.

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qdllc (Oct 27, 2017 - 8:32 am)

In my area, the rule has always been if you need to prove it was in the mail you need to have a date stamp from the counter. The date from a postage meter is not enough. Such items should be hand-delivered to the post office and sent certified.

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esquire138 (Oct 30, 2017 - 4:22 pm)

On all MBE questions I ever did mailbox rule was based on when flag went up (even if on a Friday one minute before midnight on a holiday weekend) so the post marked is a different requirement for some things, but not the mail box rule itself.

I've wondered about stuff like "what if I forgot a stamp, zipcode, whatever, and put it on it by pulling it out and putting it back in during the gap period, does mailbox rule still apply to the first date or the new date". Never could get a solid answer to that. Never was asked on an exam question either. Closest answer I got was "how would anyone know".... Worth the pure academic pondering though.

This is the reason we sign a proof of mailing as proof of service FYI for the courts too folks.

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fettywap (Oct 30, 2017 - 4:38 pm)

Mailbox rule says a document is filed on the postmarked date, as long as it is mailed to arrive in 3 days or something like that. I'm not sure what you mean about flag going up. That rule is in place because attorneys can change the date on their postage meter to go back and date it as filed on time. You could also lie on your proof of mailing. So the rule is to go by the postmark date. If you want it on Friday close to midnight, you better be finding a post office that is open all night.

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esquire138 (Oct 30, 2017 - 5:13 pm)

I mean the tiny red flag in the mailbox for outgoing mail. Not all have them. It's a residential mailbox thing. I could be remembering the rule wrong too I guess. But this is what I got just by googling the thing:

The posting rule (or mailbox rule in the United States, also known as the "postal rule" or "deposited acceptance rule") is an exception to the general rule of contract law in common law countries that acceptance of an offer takes place when communicated. Under the posting rule, that acceptance takes effect when a letter is posted (that is, dropped in a post box or handed to a postal worker).



I know I had a case where the opposing counsels letter got (somehow allegedly) "lost in the mail" and even post marked late, but the judge still allowed it due to the proof of mailing claiming that "sometimes stuff gets lost in the truck and then found later" (no joke, actual words)

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